LETTERS FROM THE AGNO

MARCH L FIANZA
Igorot clan leader abducted; journalist illegally detained

Has Martial Rule been re-declared – or has it come back without the need for any declaration?
A few days before the observance of the 22nd anniversary of Ninoy’s assassination, the human rights of two private individuals begun to be violated in separate incidents, allegedly by police and military elements, respectively.

Here are their stories. In the morning of Sept. 17, James Balao, 47, was abducted while on his way to his family home in La Trinidad, Benguet from his residence at Fairview Barangay, Baguio City .

He is a member of the Cordillera Peoples Alliance and president of the OCLUPAN Clan Association, an indigenous organization of the Ibaloi and Kankanaey tribes of Benguet.
James had earlier texted his family at around 6:45 in the morning of that day, informing them that he was going home. They said he never reached home and has not been in contact with his family or friends since, nor have they been able to contact him.

In a letter of appeal and urgent call that sought for his re-appearance, the Balao family together with the CPA and the Cordillera Human Rights Alliance said, the surveillance and enforced disappearance of James was perpetrated by state security forces as part of their operations under Oplan Bantay Laya.” They believed the alleged perpetrators were unidentified elements of the Intelligence Security Unit (ISU) of the AFP.

The peoples’ organizations also took note of information by reliable sources that James was “listed in the AFP dossier as the head of the Communist Party of the Philippines (CPP) Education Bureau in the Ilocos and Cordillera regions.”

If indeed the military dossier identified James as such, they apparently have done so to justify their acts of purging the membership of organizations perceived by them as “enemies of the state.”

Oplan Bantay Laya has categorized legal people's organizations and their staff and volunteers as "front organizations and supporters" of the of the Communist Party of the Philippines (CPP) or National Democratic Front of the Philippines (NDFP) or the New People's Army (NPA).

For example, lawyer and former city councilor Joe Molintas has been the secretary-general of the CPA for quite a time – does that also justify his being branded as a “communist supporter?”
The same policy has led to the surveillance, harassment and intimidation, abduction and killing of members and leaders of progressive people's organizations all over the country. Doesn’t that appear like an orchestrated scenario by the military in their bid to rid society of their so-called enemies? It is time Congress revisits Oplan Bantay Laya.

James is the second victim of enforced disappearance in the CPA since the abduction of Ama Daniel Ngayaan in 1987. After him, hundreds more became victims of orchestrated abductions. To date, Jonas Burgos, son of the late Joe Burgos of Malaya publications, is nowhere to be found.

James had already reported seeing regular surveillance on him and his family since the first week of June this year. The frequency of the surveillance van heightened until his disappearance last week. He had told friends and relatives that he often observed white and blue vans that tailed him from his residence to his daily chores.

The letter of appeal for support and urgent alert call by the Balao family and the private organizations were sent to government authorities, other concerned offices and friends. These were also posted in the internet together with an online petition that may be signed by supporters at http://www.ipetitions.com/petition/CPAjamesbalao/ to be sent to the proper government agencies.

James is an old friend, a former “glassmate” during our younger years and so are his brother Winston, his sisters and cousins. Hence, through this column, your assistance and response to this urgent action alert is being sought.

Please send letters, emails or fax messages calling for the immediate surfacing and release of James Balao; for the authorities, particularly the Philippine National Police, to agressively assist the Balao family, the CPA and the Cordillera Human Rights Aliance in their search for James.

Let us ask for the immediate termination of Oplan Bantay Laya which has labeled legal progressive organizations such as the Cordillera Peoples Alliance as "sectoral fronts" of the Communist Party of the Philippines , National Democratic Front of the Philippines and the New Peoples Army.

Let us urge our government to observe the Comprehensive Agreement on the Respect for Human Rights and International Humanitarian Law (CARHRIHL) and other international human rights laws and declarations such as the Universal Declaration of Human Rights and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
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Another violation of human rights occurred a day after James Balao’s abduction. In the evening of Sept. 18, Cesar Reyes, 49, a photojournalist – news correspondent of the Journal Publications figured in a traffic altercation after he accidentally sideswiped a taxicab along Session road sometime past 10pm.

A recent migrant to Baguio (dayo) whose wife is from here, and fearing that taxi drivers who gathered around might gang up on him, he drew his licensed 380 magazine type pistol – a natural reaction if one’s life and limb is threatened and perceived to be in danger. Journalists and bystanders who witnessed the incident said Cesar never pointed the gun to anyone.

Policemen were called in to make the necessary reports of the incident. Apparently in the course of the investigation conducted by the police that time, justice had only one eye blindfolded.

To make the long story short, the license and permit of Cesar’s gun was not submitted to the fiscal in charge as part of the evidence. The reason for that is known only to the investigating police officers.

Cesar Reyes said, aside from paying P2000 for the damages of the taxicab, he even received verbal abuse from Cesar Abrigo, the taxi operator and his companions, even while he was already being investigated by the police.

He was told at the police office that he will soon go home and get his belongings after settlement with Abrigo. But that did not happen as he was brought back and forth from the police office atop Session road to the main police office.

Cesar spent the night and the next day in the hands of policemen who never informed him that an inquest was filed at the fiscal’s office, so that he was not able to call for lawyer’s assistance. He was illegally detained for almost 18 hours before he was formally taken as a prisoner the following day Friday at around 5pm. Cesar was out of jail after paying for his bail on Monday.

Sure as the wind blows, Cesar’s irregular filing of a case against him by his police investigators who tampered and withheld evidences, and the abduction of James Balao by security forces of the state are very clear violations of their rights. Things have become worse under Gloria’s watch. If it is not her fault, then those responsible must be sacked. – marchfianza777@yahoo.com